TERMS & CONDITIONS
1] “Photograph(s) means all photographic material furnished by Photographer hereunder whether digital files, transparencies, negatives, prints or otherwise.
2] Photograph(s) may not be reproduced, copied, projected or used in any way without a) express written permission on Photographer’s invoice stating the rights granted and the terms thereof and b) payment of said invoice. The reasonable and stipulated fee for any other use shall be three times Photographer’s normal fee for such usage.
3] Client assumes insurer’s liability a) to indemnify Photographer for loss, damage or misuse of any Photograph(s) b) to return or destroy all physical materials at photographer’s discretion. Client assumes full liability for its principals, employees, agents, affiliates, successors and assigns (including without limitation messengers and freelance researchers) for any loss, damage or misuse of the Photograph(s).
4] Photographer’s copyright notice “©Michael Yamashita” must accompany each use as an adjacent credit line. Invoice amount will be tripled if said credit is not provided.
5] Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of Photographer, Client, Client’s principals, employees, agents and affiliates and their respective heirs legal representatives, successors and assigns. Client and its principals, employees, agents and affiliates are jointly and severally liable for the performance of all payment and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the copyright Act of 1976, as amended.
6] Except as provided in [7] below, any dispute regarding this agreement shall be arbitrated in Morristown, New Jersey under rules of the American Arbitration Association and the laws of New Jersey. Any dispute involving US$3,000 or less may be submitted without arbitration to any court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable legal fees and expenses and legal interest on any award of judgment in favor of Photographer.
7] Client herby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended.
8] Client will not make or permit any alterations, additions or subtractions in respect to the Photograph(s) without Photographer written consent.
9] Client will indemnify and defend Photographer against all claims, liability, damages, costs and expenses, including but not limited to reasonable legal fees and expenses arising out of any use of any Photograph(s) for which no release was furnished by Photographer or any photograph(s) which are altered by Client. Unless so furnished, no release exists.
1] “Photograph(s) means all photographic material furnished by Photographer hereunder whether digital files, transparencies, negatives, prints or otherwise.
2] Photograph(s) may not be reproduced, copied, projected or used in any way without a) express written permission on Photographer’s invoice stating the rights granted and the terms thereof and b) payment of said invoice. The reasonable and stipulated fee for any other use shall be three times Photographer’s normal fee for such usage.
3] Client assumes insurer’s liability a) to indemnify Photographer for loss, damage or misuse of any Photograph(s) b) to return or destroy all physical materials at photographer’s discretion. Client assumes full liability for its principals, employees, agents, affiliates, successors and assigns (including without limitation messengers and freelance researchers) for any loss, damage or misuse of the Photograph(s).
4] Photographer’s copyright notice “©Michael Yamashita” must accompany each use as an adjacent credit line. Invoice amount will be tripled if said credit is not provided.
5] Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of Photographer, Client, Client’s principals, employees, agents and affiliates and their respective heirs legal representatives, successors and assigns. Client and its principals, employees, agents and affiliates are jointly and severally liable for the performance of all payment and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the copyright Act of 1976, as amended.
6] Except as provided in [7] below, any dispute regarding this agreement shall be arbitrated in Morristown, New Jersey under rules of the American Arbitration Association and the laws of New Jersey. Any dispute involving US$3,000 or less may be submitted without arbitration to any court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable legal fees and expenses and legal interest on any award of judgment in favor of Photographer.
7] Client herby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended.
8] Client will not make or permit any alterations, additions or subtractions in respect to the Photograph(s) without Photographer written consent.
9] Client will indemnify and defend Photographer against all claims, liability, damages, costs and expenses, including but not limited to reasonable legal fees and expenses arising out of any use of any Photograph(s) for which no release was furnished by Photographer or any photograph(s) which are altered by Client. Unless so furnished, no release exists.